Is this Landlord breaking the law? Share your opinion.

General Landlording & Rental Properties
5yFollow

Is this Landlord breaking the law? Share your opinion.

Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

The Property Manager allowed people to move in without signing a lease. The Property Manager kept the money instead of passing it on to the owner? The Owner believes the Tenants conspired with the Property Manager and/or they are squatting. The Landlord is attempting to force the tenants out by changing locks and turning off utilities.

Are the Landlord actions legal? Right?

A Philly landlord is trying to evict tenants after his property manager stole their rent money.
https://www.inquirer.com/news/...

The DIY Landlord Book4.7247 Reviews
WebsiteView Page
3Reply
18 views

Most Popular Reply

Bjorn AhlbladPro Member
Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
5y

@Nathan Gesner It will be interesting to hear the rest of the story and I hope we do. LL is definitely breaking the law, but does not care. PM was acting on owners behalf. This is the stuff that gives all of us LL's a bad name; now that Trump is gone the media needs someone to kick into the dirt, and I'm afraid it may be the land lord!

3Reply
See this reply in the discussion

13 Replies

Jump to latestLatest
  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    5y

    @Nathan Gesner It will be interesting to hear the rest of the story and I hope we do. LL is definitely breaking the law, but does not care. PM was acting on owners behalf. This is the stuff that gives all of us LL's a bad name; now that Trump is gone the media needs someone to kick into the dirt, and I'm afraid it may be the land lord!

    3Reply
  • Damaso Bautista
    Rental Property Investor · Hawthorne, CA · Member since 2018 · 655 posts · 900 votes
    5y

    @Nathan Gesner

    The landlord/owner needs to file a theft by embezzlement report with the police department against the property manager.

    The renter/squatter needs to be removed by eviction due to landlord tenants laws

    Landlord is breaking the law in this case. 

    2Reply
  • Patrick M.
    Rental Property Investor · Red Bank, NJ · Member since 2017 · 1k+ posts · 1k+ votes
    5y

    I am surprised that someone who is a developer with holdings on both coasts would consider lock-outs!

    The lock-out is a definite no-go, illegal move. I think the guy is an idiot. He has exposed his company and himself!

    He needs to step back and realize that he is the one that screwed up by hiring a criminal. He needs to go sit down with a very good lawyer/law firm and hand it off to them. He is an idiot that needs to remove himself from this and let the pros do damage control.

    2Reply
  • Michael Ablan
    Real Estate Broker · Watertown, NY · Member since 2016 · 1k+ posts · 1k+ votes
    5y

    @Nathan Gesner Squatters rights are in play here.  Landlord is committing a crime unfortunately

    My older generation would proceed to tell me about how they'd kick down the door and throw the squatter out into the streets (and only get a slap on the wrist for doing so).   

    I listen their "tales" with with envy and awe.  

    If only we had rights to protect our property....

    1Reply
  • Jill F.
    Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
    5y

    The landlord is breaking the law. He needs to file a complaint against the property manager for theft if the tenants have evidence of payment and he claims they haven't paid. (receipts, bank statements showing ACH, credit card statements)

    Why would the tenants conspire with the property manager? I guess they could've made a deal with the property manager to pay reduced rent-- but that doesn't really make sense in the current environment. They could just not pay, fill out the cdc form and try (or not) for rental assistance. 

    I lived in a building once where the resident manager was skimming the rent. The owners had to give my deposit back because I had receipts.  If the tenants say they paid, do they have evidence of their payments? 

    Someone is lying.

    1Reply
  • David Stone
    Member since 2018 · 3 posts · 1 vote
    5y

    I have first hand experience with the developer so it is hard not to be biased since I know his character, business practices, and how he operates. I am not a lawyer but the LL's actions are illegal and not right - it is as simple as that. He did not get his money because the property manger he hired was stealing it (my bias makes me think he was not paying his property manager in some capacity and this was his way of getting paid). Now the LL is trying, by any means, to get his money. This includes going after the innocent tenants. 


    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    I agree with all of you. No matter who is at fault, any occupants must be evicted through the court system. Even if you discover homeless drug addicts have broken into your rental, you still have to follow the law to remove them.

    I suspect the Property Manager was alone on this. He rented the places cheap to sketchy applicants and then pocketed the money. It wouldn't be hard to prove and the Tenants are possibly willing to help with the case. If the Landlord attempts a self-help eviction, he won't get any support from the tenants.

    The DIY Landlord Book4.7247 Reviews
    WebsiteView Page
    0Reply
  • Francis Louis Vogel Jr
    Banker · Saint Clair Shores, MI · Member since 2011 · 131 posts · 53 votes
    5y
    The landlord can sue the squatters for fraud and theft. This way the landlord can garnish wages, lien bank accounts and take tax return checks. Do this simultaneously with the civil eviction action will give the landlord financial recourse during and long after the eviction.
    0Reply
  • David Stone
    Member since 2018 · 3 posts · 1 vote
    5y

    Edited with tags below:

    0Reply
  • David Stone
    Member since 2018 · 3 posts · 1 vote
    5y

    @Nathan Gesner I do not think it is fair to label these applicants as sketchy.

    @Francis Louis Vogel Jr  I agree that a landlord can sue for fraud and theft, but these tenants gave money to an agent of the landlord and were paying rent. They were not squatters.

    0Reply
  • Michael King
    Rental Property Investor · Navarre, FL · Member since 2019 · 913 posts · 640 votes
    5y

    Tenants paid. PM stole. LL is going after the wrong party.

    2Reply
  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y
    Originally posted by @David Stone:

    @Nathan Gesner I do not think it is fair to label these applicants as sketchy. 

    The Tenant said he had bad credit and that the Property Manager said "...it was a Black-owned business looking to help people out who have poor credit scores."

    I was implying they had sketchy backgrounds as renters, not that they are criminals.

    The DIY Landlord Book4.7247 Reviews
    WebsiteView Page
    0Reply
  • Aigo Pyles
    Flipper/Rehabber · Memphis, TN · Member since 2020 · 758 posts · 285 votes
    5y

    There is a system to follow to evict squatters. 

    The landlord is at fault. 

    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free